Children Act 1975

Part I

The Adoption Services

Establishment of Adoption Services

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Local authorities' social services

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The social services refered to in section 1(3) are the functions of a local authority which stand referred to the authority's social services committee or, in Scotland, social work committee, including, in particular but without prejudice to the generality of the foregoing, a local authority's functions relating to-

• (a) the promotion of the welfare of children by diminishing the need to receive children into care or keep them in care, including (in exceptional circumstances) the giving of assistance in cash ;

• (b) the welfare of children in the care of a local authority ;

• (c) the welfare of children who are foster children within the meaning of the Children Act 1958 ;

• (d) children who are subject to supervision orders made in matrimonial proceedings;

• (e) the provision of residential accommodation for expectant mothers and young children and of day-care facilities ;

• (f) the regulation and inspection of nurseries and child minders;

• (g) care and other treatment of children through court proceedings and children's hearings.

Duty to promote welfare of child

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In reaching any decision relating to the adoption of a child, a court or adoption agency shall have regard to all the circumstances, first consideration being given to the need to safeguard and promote the welfare of the child throughout his childhood; and shall so far as practicable ascertain the wishes and feelings of the child regarding the decision and give due consideration to them, having regard to his age and understanding.

Approval of adoption societies

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• (1) A body desiring to act as an adoption society or, if it is already an adoption society, desiring to continue to act as such in England and Wales or in Scotland may, in the manner specified by regulations made by the Secretary of State, apply to the Secretary of State for his approval to its doing so.

• (2) On an application under subsection (1), the Secretary of State shall take into account the matters relating to the applicant specified in subsections (3) to (5) and any other relevant considerations, and if, but only if, he is satisfied that the applicant is likely to make, or, if the applicant is an approved adoption society, is making, an effective contribution to the Adoption Service or, as the case may be, to the Scottish Adoption Service, he shall by notice to the applicant give his approval, which shall be operative from a date specified in the notice or, in the case of a renewal of approval, from the date of the notice.

• (3) In considering the application, the Secretary of State shall have regard, in relation to the period for which approval is sought, to the following—

• (a) the applicant's adoption programme, including, in particular, its ability to make provision for children who are free for adoption,

• (b) the number and qualifications of its staff,

• (c) its financial resources, and

• (d) the organisation and control of its operations.

• (4) Where it appears to the Secretary of State that the applicant is likely to operate extensively within the area of a particular local authority he shall ask the authority whether they support the application, and shall take account of any views about it put to him by the authority.

• (5) Where the applicant is already an approved adoption society or, whether before or after the passing of this Act, previously acted as an adoption society, the Secretary of State, in considering the application, shall also have regard to the record and reputation of the applicant in the adoption field, and the areas within which and the scale on which it is currently operating or has operated in the past.

• (6) If after considering the application the Secretary of State is not satisfied that the applicant is likely to make or, as the case may be, is making an effective contribution to the Adoption Service or, as the case may be, to the Scottish Adoption Service,, the Secretary of State shall, subject to section 6(1) and (2), by notice inform the applicant that his application is refused.

• (7) If not withdrawn earlier under section 5, approval given under this section shall last for a period of three years from the date on which it becomes operative, and shall then expire or, in the case of an approved adoption society whose further application for approval is pending at that time, shall expire on the date that application is granted or, as the case may be, refused.

Withdrawal of approval

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• (1) If, while approval of a body under section 4 is operative, it appears to the Secretary of State that the body is not making an effective contribution to the Adoption Service or, as the case may be, to the Scottish Adoption Service, he shall subject to section 6(3) and (4) by notice to the body withdraw the approval from a date specified in the notice.

• (2) If an approved adoption society fails to provide the Secretary of State with information required by him for the purpose of carrying out his functions under subsection (1), or fails to verify such information in the manner required by him, he may by notice to the society withdraw the approval from a date specified in the notice.

• (3) Where approval is withdrawn under subsection (1) or (2) or expires the Secretary of State may direct the body concerned to make such arrangements as to children who are in its care and other transitional matters as seem to him expedient.

Procedure on refusal to approve, or withdrawal of approval from, societies

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• (1) Before notifying a body which has applied for approval that the application is refused in accordance with section 4(6) the Secretary of State shall serve on the applicant a notice—

• (a) setting out the reasons why he proposes to refuse the application;

• (b) informing the applicant that he may make representations in writing to the Secretary of State within 28 days of the date of service of the notice.

• (2) If any representations are made by the applicant in accordance with subsection (1), the Secretary of State shall give further consideration to the application taking into account those representations.

• (3) The Secretary of State shall, before withdrawing approval of an adoption society in accordance with section 5(1), serve on the society a notice—

• (a) setting out the reasons why he proposes to withdraw the approval; and

• (b) informing the society that they may make representations in writing to the Secretary of State within 28 days of the date of service of the notice.

• (4) If any representations are made by the society in accordance with subsection (3), the Secretary of State shall give further consideration to the withdrawal of approval under section 5(1) taking into account those representations.

• (5) This section does not apply where the Secretary of State, after having considered any representations made by the applicant in accordance with this section, proposes to refuse approval or, as the case may be, to withdraw approval for reasons which have already been communicated to the applicant in a notice under this section.

Inactive or defunct adoption societies

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• (1) If it appears to the Secretary of State that an approved adoption society, or one in relation to which approval has been withdrawn under section 5 or has expired, is inactive or defunct he may, in relation to any child who is or was in the care of the society, direct what appears to him to be the appropriate local authority to take any such action as might have been taken by the society or by the society jointly with the authority; and if apart from this section the authority would not be entitled to take that action, or would not be entitled to take it without joining the society in the action, it shall be entitled to do so.

• (2) Before giving a direction under subsection (1) the Secretary of State shall, if practicable, consult both the society and the authority.

Adoption orders

Adoption orders

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• (1) An adoption order is an order vesting the parental rights and duties relating to a child in the adopters, made on their application by an authorised court.

• (2) The order does not affect the parental rights and duties so far as they relate to any period before the making of the order.

• (3) The making of the order operates to extinguish—

• (a) any parental right or duty relating to the child which—

• (i) is vested in a person (not being one of the adopters) who was the parent or guardian of the child immediately before the making of the order, or

• (ii) is vested in any other person by virtue of the order of any court; and

• (b) any duty arising by virtue of an agreement or the order of a court to make payments, so far as the payments are in respect of the child's maintenance for any period after the making of the order or any other matter comprised in the parental duties and relating to such a period.

• (4) Subsection (3)(b) does not apply to a duty arising by virtue of an agreement—

• (a) which constitutes a trust, or

• (b) which expressly provides that the duty is not to be extinguished by the making of an adoption order.

• (5) An adoption order may not be made in relation to a child who is or has been married.

• (6) An adoption order shall not be made in Scotland in relation to a child who is a minor unless with the consent of the minor; except that where the court is satisfied that the minor is incapable of giving his consent to the making of the order, it may dispense with that consent.

• (7) An adoption order may contain such terms and conditions as the court thinks fit.

• (8) An adoption order may be made notwithstanding that the child is an adopted child.

• (9) Schedule 1 contains for England and Wales further provisions about the effect of adoption and related or comparable provisions about legitimation.

• (10) Schedule 2 has effect as respects the status conferred in Scotland by adoption and related matters.

Child to live with adopters before order made

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• (1) Where—

• (a) the applicant, or one of the applicants, is a parent, stepparent or relative of the child, or

• (b) the child was placed with the applicants by an adoption agency or in pursuance of an order of the High Court,

an adoption order shall not be made unless the child is at least 19 weeks old and at all times during the preceding 13 weeks had his home with the applicants or one of them.

• (2) Where subsection (1) does not apply, an adoption order shall not be made unless the child is at least twelve months old and at all times during the preceding twelve months had his home with the applicants or one of them.

• (3) An adoption order shall not be made unless the court is satisfied that sufficient opportunities to see the child with the applicant or, in the case of an application by a married couple, both applicants together in the home environment have been afforded—

• (a) where the child was placed with the applicant by an adoption agency, to that agency, or

• (b) in any other case, to the local authority within whose area the home is.

Adoption by married couple

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• (1) Subject to sections 37(1) and 53(1), an adoption order may be made on the application of a married couple where each has attained the age of 21 but an adoption order shall not otherwise be made on the application of more than one person.

• (2) An adoption order shall not be made on the application of a married couple unless—

• (a) at least one of them is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or

• (b) the application is for a Convention adoption order and section 24 is complied with.

• (3) Where the application is made to a court in England or Wales and the married couple consist of a parent and step-parent of the child, the court shall dismiss the application if it considers the matter would be better dealt with under section 42 (orders for custody etc.) of the Matrimonial Causes Act 1973.

Adoption by one person

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• (1) Subject to sections 37(1) and 53(1), an adoption order may be made on the application of one person where he has attained the age of 21 and—

• (a) is not married, or

• (b) is married and the court is satisfied that—

• (i) his spouse cannot be found, or

• (ii) the spouses have separated and are living apart, and the separation is likely to be permanent, or

• (iii) his spouse is by reason of ill health, whether physical or mental, incapable of making an application for an adoption order.

• (2) An adoption order shall not be made on the application of one person unless—

• (a) he is domiciled in a part of the United Kingdom, or in the Channel Islands or the Isle of Man, or

• (b) the application is for a Convention adoption order and section 24 is complied with.

• (3) An adoption order shall not be made on the application of the mother or father of the child alone unless the court is satisfied that—

• (a) the other natural parent is dead or cannot be found, or

• (b) there is some other reason justifying the exclusion of the other natural parent,

and where such an order is made the reason justifying the exclusion of the other natural parent shall be recorded by the court.

• (4) Where the application is made to a court in England or Wales and the applicant is a step-parent of the child the court shall dismiss the application if it considers the matter would be better dealt with under section 42 (orders for custody etc.) of the Matrimonial Causes Act 1973.

Parental agreement

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• (1) An adoption order shall not be made unless—

• (a) the child is free for adoption; or

• (b) in the case of each parent or guardian of the child the court is satisfied that—

• (i) he freely, and with full understanding of what is involved, agrees unconditionally to the making of the adoption order (whether or not he knows the identity of the applicants), or

• (ii) his agreement to the making of the adoption order should be dispensed with on a ground specified in subsection (2).

• (2) The grounds mentioned in subsection (1)(b)(ii) are that the parent or guardian—

• (a) cannot be found or is incapable of giving agreement;

• (b) is withholding his agreement unreasonably ;

• (c) has persistently failed, without reasonable cause to discharge the parental duties in relation to the child;

• (d) has abandoned or neglected the child ;

• (e) has persistently ill-treated the child ;

• (f) has seriously ill-treated the child (subject to subsection (5)).

• (3) Subsection (1) does not apply in any case where the child is not a United Kingdom national and the application for the adoption order is for a Convention adoption order.

• (4) Agreement is ineffective for the purposes of subsection (1)(b)(i) if given by the mother less than six weeks after the child's birth.

• (5) Subsection (2)(f) does not apply unless (because of the ill-treatment or for other reasons) the rehabilitation of the child within the household of the parent or guardian is unlikely.

• (6) A child is free for adoption if he is the subject of an order under section 14 and the order has not been revoked under section 16.

Religious upbringing of adopted child

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An adoption agency shall in placing a child for adoption have regard (so far as is practicable) to any wishes of the child's parents and guardians as to the religious upbringing of the child.

Freeing child for adoption

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• (1) Where, on an application by an adoption agency, an authorised court is satisfied in the case of each parent or guardian of the child that—

• (a) he freely, and with full understanding of what is involved, agrees generally and unconditionally to the making of an adoption order, or

• (b) his agreement to the making of an adoption order should be dispensed with on a ground specified in section 12(2),

the court shall, subject to subsection (5), make an order declaring the child free for adoption.

• (2) No application shall be made under subsection (1) unless—

• (a) it is made with the consent of a parent or guardian of the child, or

• (b) the adoption agency is applying for dispensation under subsection (1)(b) of the agreement of each parent or guardian of the child, and the child is in the care of the adoption agency.

• (3) No agreement required under subsection (1)(a) shall be dispensed with under subsection (1)(b) unless the child is already placed for adoption or the court is satisfied that it is likely that the child will be placed for adoption.

• (4) An agreement by the mother of the child is ineffective for the purposes of this section if given less than six weeks after the child's birth.

• (5) An order under this section shall not be made in Scotland in relation to a child who is a minor unless with the consent of the child ; except that where the court is satisfied that the minor is incapable of giving his consent to the making of the order, it may dispense with that consent.

• (6) On the making of an order under this section, the parental rights and duties relating to the child vest in the adoption agency, and subsections (2) and (3) of section 8 apply as if the order were an adoption order and the agency were the adopters.

• (7) Before making an order under this section the court shall satisfy itself that each parent or guardian who can be found has been given an opportunity of making, if he so wishes, a declaration that he prefers not to be involved in future questions concerning the adoption of the child; and any such declaration shall be recorded by the court.

• (8) Before making an order under this section in the case of an illegitimate child whose father is not its guardian, the court shall satisfy itself in relation to any person claiming to be the father that either—

• (a) he has no intention of applying for custody of the child under section 9 of the Guardianship of Minors Act 1971 or under section 2 of the Illegitimate Children (Scotland) Act 1930, or